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1991-07-15 Frankfort Town Bd Minutes , FRANKFORT TOWN BCARO JULY 15, 1991 Frankfort Town Hall 8:00 P.M. Present: Alfred Zachman, Larry Van Hall, Louis Lazer, Dean Pichler, Engineer Peter Raa t i kka, Treasurer Mary Be th Car 1 son, Cl erk Sharry Bern i ng. At torney Wi 1 1 i am Goodrich arrived 8:30 p.m. Cha i rman Zachman call ed the mee t i ng to order. There was no c i t i zen i npu t. Cl erk Berning asked to add Kacheva under Old Business at Item 7.d. on the agenda. Under 9. New Bus i ness, she asked to change a. to Arns, 1 in 40 and b. to Gordy Schumm, wa ter runnoff concern and move a., b., and c. down to d., e., and f. I twas requested that Earl Dixon property and Country View Acres be added under Township Engineer. Van Hall made a motion to approve the agenda as amended. Lazer seconded the motion. All voted aye. Pichler made a motion to approve the minutes of July 1, 1991, Publ ic Hearing, Kent Mutterer. Zachman seconded the motion. All voted aye. Van Hall made a motion to approve the July 1, 1991, minutes of Publ ic Hearing, LeMar Ka1dun. Zachman seconded the motion. All voted aye. The minutes of July 1, 1991, Town Board, were amended on page two, first paragraph, to add after "seed"... "in the backyards where 8-inch tile was installed in the fall of 1990." Page three, Bern i ngwood af ter "at the house" change to "at 4898 McAllister." Sentence 4 add after "cleaned out..." "as it is 1-1/2 feet lower than the standing water." and add "culvert at 50th and McAll ister." On Page three, Long Haul Trucking, sentence 8 after "the" change to "Hardwood be on top of berm 10 feet from the 1 i ne, spaced 15 fee t apar t with 15 fee t be tween the row of pines and hardwood." Zachman made a motion the minutes be approved as amended. Lazer seconded the motion. All voted aye. Treasurer Mary Be th Car 1 son gave the f i nanc i a 1 repor t: Checkbook balance th is date of $86,593.53 with available funds of $74,281.38. Savings Account ending balance $1,224.77. Savings Account for Project 91-1 ending balance $12,067.40. There was some question as to whether Landfill funds could or could not be used. Carlson will continue to follow this reporting procedure until advised differently. She reported the bank warrant has been paid. The interest charge was $484.36. There is a sealcoating bill yet to come There was some discussion on CD~s and maturity dates, including the Equipment Fund CD maturing 9-17-91. After the August budget meeting, future reporting procedures will be determined. The only other CD coming up soon is Ogren on 9-3-91. Attorney Goodrich arrived. Questions on orders to be issued included the formula used for fire contracts. Clerk Berning explained for Albertville she used the same formula as Rogers requests. She used Hanover~s requested formula, and for St Michael she used the same as last year, which is not based on market value. Hopefully next year~s new contracts will all use the same formula. Van Hall made a motion to approve the orders to be issued. Lazer seconded the motion. All voted aye. BERNINGWOOD - 4898 MeAl 1 ister. Engineer Raatikka said he was out to view the site. If we drain to the North there wi1 be a drop of 1-1/2 feet but it still will not save the septic system. Attorney Goodrich said he has received notice of a lawsuit and will be turning it over to the Insurance Company; therefore, there probably should not be public discussion of the issue. He felt that generally local 1991 - Page governments are not responsible for such issues. Pichler asked if the cleaning of ditches in the area should be delayed. Goodrich said we should wait until the defense attorney assigned gives permission to go ahead. There was some concern that other properties might be affected if work did not commence soon. AUTUMN WOODS. Zachman said the last time he was out to check the drainage easement problem, no work had been done. Lazer asked about getting Jim Peterson to oversee the work. It was felt Raatikka should look to see if it is draining properly and the height above ditch. If we want to stick with the easement, it needs to be lowered to the way it was when the contractor did it. RaatikKa will checK it. Zachman is not willing to send a letter of compliance until he is sure it is in compl iance. FRANKLIN SIGN-CULVERT. Zachman reported the culvert which was put in wrong and drains to the north instead of as it should to the south has not yet been changed but that Fehn will do it as soon as he has time. It will continue to be monitored. KACHEVA. Crow River Acres. Berning reported Kacheva~s son said it would be OK if a couple loads of blacK dirt were hauled in but now he is asKing for a culvert. Lazer spoke of work done several years ago. Pichler said he claims the people across the street filled in the ditches so water now comes across the road. Van Hall and Lazer will go out and look again before the next board meeting. BARTHEL ROLLING HILLS. Engineer Raatikka reported he is still working on getting bids. Berningwood ditch cleaning will be left out of the bids at this time. Zachman asKed if the backyards in Greenhaven were included. Affirmative. ( \ '- 91-1, HALSEY AVENUE. RaatikKa reported worK is supposed to start on Wednesday (7-17). A letter from DNR to Earl Dixon on filling the corner lot (67) was discussed. Lazer made a motion to grant an excavation permit for Lot 67 on Halsey Avenue to fill in excess of 50 cubic yards. Van Hall seconded the motion. All voted aye. It was reported that T. Walters wants a 1 ittle fill--less than 50 yards. Pichler suggested he should pay somone to haul it in to avoid township liability. Raatikka said we need to sell the bonds or get a loan to pay for expenses coming up for Halsey. Goodrich and Berning will get together on selling the bonds. Pichler suggested that the $12,000 received so far should be used to pay immediate bills on the project. Zachman reported he has received some cal ls from people on Halsey asking about their mail. Raatikka said if there is a problem, the boxes will be moved to the end of the road. "Doc" Thielmann, in the audience, asked if residents will be able to get in and out during the worK. RaatikKa said the contractor was told to maintain traffic, although there could be some delays. COUNTRYVIEW ACRES. Zachman reported that he and Wh i te closed the cuI vert on 37 (Needham) with sand bags to close the water down. It is not closed up tight. A coPy of Attorney Goodrich~s letter of response to Craig Scherber~s attorney was provided the board. Zachman said he has talked to Vernette Zachman about getting an easement to take water to the south. Vernette has not agreed yet. There are some pub1 ic drainage easements to the south in Crow River Highlands and Schandosy Hills. Even tua 11 y we may have publ i c dra i nage systems throughou t the townsh i p. Raa t i Kka sa i d with publ i c systems we have some respons i b i 1 i ty for water all the way to the river. Discussion of manholes, settl ing ponds, taxing districts, special assessments, condemnation. Some of the problems are due to the wet year. Goodrich asked how much of the limited resources should be spent on solving this year~s problem. Zachman said he does not think a dike will worK unless all the work is \ JULY 15, 1991 Page Three ( 1 eve 1 it was before, we need to es tab 1 ish the 1977 rate (Needham). Raa t i kka reported that the county now says a manhole is OK. He said the cost should be less than $2,000 for a manhole. Zachman opened the meeting to five minutes of discussion from the floor. Gerard Zachman asKed if there was a 15 inch culvert across Needham. Lazer sa i d there was. G. Zachman wan ts to see it. He asked abou t the ditch constructed along CR 37 being returned to what it was prior to the development. Third he asked about water in the center pond, which was supposed to be holding pond, and which is now running out. He also wanted to know about setting up a meeting with their engineers. Alfred Zachman stated they are welcome to come to a board meeting, but no special meetings will be set. There was further discussion on the ditch along Needham. Lazer said T. Dooley of the Association of Townships stated there were limitations on what a township can and cannot do. He asKed Clerk Berning to get the information from Dooley. Tom Schany of Schandosy Hill s showed the board a map and over 1 ay, exp 1 a in i ng his view of what had taken place, what he had done, and his understanding of the present situation. Vernette Zachman made additional comments on his understanding of the situation. Gerard Zachman commented. Albert Zachman stated that the board will see tha t they ge t some of the water ou t of the ditch along Needham. Then they will decide what the next step will be. Zachman announced a five minute break, and reconvened the meeting at 9:40 p.m. ( UNPAID BILLINGS-RESOLUTION. Attorney Goodrich said he can find no enabl ing authority to assess for culverts so is not ready at this time with a resolution. CROW RIVER HIGHLANDS-SIGN. The sign has not been moved. A piece of equipment was set up purportedly to pull the sign out, then it rained. Greg Vetsch gave them 24 hours notice. Goodrich asked if a letter should be sent stating intention to prosecu te under the ord i nance. Lazer sa i d we need to maKe these ord i nances worK. The 55th Street improvements have not been done either. Vetsch said nothing has been sa i d abou t that. Zachman asked how much time is left to fin i sh worK on Crow River Highlands. Raatikka said he thought until this fall, but the work on 55th was suppposed to be done already. Ve tsch has got ten no response from Jerry Zachman. Pichler suggested that the matter be tabled until the next meeting when Vetsch is present to report. ORDINANCE - Moratorium on rezoning and subdividing of land within FranKfort Township. Goodrich presented a proposed ordinance which he stated is essentially the same as was passed before. He went through any changes. Basically it would be extending the moratorium for 120 days, but it could be lifted at any time. Lazer made a motion to pass Ordinance 91-3, extending for 120 days the moratorium on rezoning and subdividing of land within Frankfort Township, Wright County, Minnesota. Van Hall seconded the motion. All voted Aye. Berning will see that it is publ ished. CLARIFICATION.Zachman asKed Goodrich about his letter on Willow Bend and asked Goodrich to get the board a clarification on the law concerning disturbed soil. Zachman asked what the next step is. Goodrich said if he does not hear back by the next meeting, the board may have to call in some escrow. Attorney Goodrich and' Engineer Raatikka left at 10 p.m. AL MILLER, TOWNSHIP ASSESSOR appeared before the board and stated for ten years he did township assessing on a percentage basis and three years ago it was changed to JULY 15, 1991 Page Four a salary of $9,500, which was figured out to be compatible. He has gained over 80 new parcels, including Country View Acres, Shandosy Hills, Crow River Highlands, Willow Bend, Barthel Roll ing Hills, and he is asking for a raise in pay. Lazer said he has a problem he would 1 ike to discuss before a raise is considered. He stated his dissatisfaction with his personal assessment. Miller said this had been changed, but Lazer wanted to know why it was done in the first place. Miller said the assessment was based on sales and that the Board of Review is set up to handle complaints. Lazer was not satisfied. Pichler said this is a separate issue. Zachman felt that Miller and Lazer should get together with the books to check this out. Pichler asked Miller what he was asking for. Miller said $10,000, or a raise of $500. He is sure it would have been more if he had stayed on a percentage. He said he is asKing for 1992--this year is set for $9,500. Miller was asked if he could come at 7:30 before the next regular meeting to discuss the matter. SUSAN KISROW LETTER-Tax Refund ReQuest. Al Miller offered the board his input on the 1 e t ter the townsh i p rece i ved from Susan K i srow. He sa i d he did not know previously that the county had done anything on the assessment and that he should have been informed. He feels that Kisrow~s interpretation of facts is not correct. She did come to the Board of Review meeting this year. Miller will be getting further information tomorrow. He does not recommend any refund be paid. Miller was told he is welcome to come to any township meetings. BUILDING REPORT. Alfred Zachman asked about a report frclJTI Building Officia.l Kevin Mealhouse. Clerk Berning said he will have a report at the first of the month. Zachman asked if t1ealhouse could include names on permits issued. Berning said he doesn~t always know names, as builders or developers often get the permits. ARNS - 1 in 40. Bill Arns appeared before the board stating that his brother bought Olie Schumacher~s farm and that Bill is thinKing about buying 10 acres from his brother to build a home. He asked about procedures. The present ordinance was explained, and Arns was told that before the township can grant a building permit his brother must put a deed restriction on one of the 40 acre sections. This must be filed with the county. Arns had a perk test done. Berning will give the results to Mealhouse. After the deed restriction is filed, Arns will check with Mealhouse. GORDY SCHUMM - Water Concern. Gordy Schumm requested that the board come and look at the water problems he has. Since a culvert was put in the water is going into his brother Merle~s garden. Gordy put a culvert in himself under his driveway. He cou 1 d not ge t ou t of his dr i veway if it were not there. There was fur ther discussion and explanation, but Schumm felt the best thing would be if the board could come out and look. His address is 3027 Lander. It was agreed that Lazer and Van Hall will look when they are out on Saturday, and other members may also look at the area. COUNTY ROAD 34. Alfred Zachman stated he received a letter from the County concerning work to be done on County Road 34. He will give the letter to Berning to maKe copies for the board members. There was also a letter from Lindenfelser~s attorney asKing about alternate routes, since the county wrote a letter to Lindenfelser stating he will have to find an alternate route. Zachman did not feel that the township is responsible for finding an alternate route for Lindenfelser. There was dicussion concerning asking for dust control on any alternate route. Pichler suggested that perhaps the county would want to pay for the dust treatment for the alternate route. . , . JULY 15, 1991 Page Five SIGN, DALES 66 Van Hall asked about a Trailer at Dales 66 with a sign about a tire sale. If this is their sign, it does not meet the sign ordinance. This will be checked. WORKSHOP/SEMINAR Clerk Berning reminded the board of the workshop/seminar she and Mary Beth Carlson will be attending in St Cloud on Monday and Tuesday. She will not have town hall hours those two days. She stated that the seminar is for supervisors as well as treasurers and clerks if any of the supervisors were interested in atending. FIRE MARSHAL. Berning reported receiving a telephone call from St Michael Fire Chief Jim Eull. Eull suggested that Frankfort Township should give consideration to appointing a Fire Marshal at some time in the future. Van Hall made a motion to adjourn at 10:35 p.m. Lazer seconded the motion. All voted aye. ( , ~